Circus123
02-20 04:05 PM
Here is Mr. Gotcher's perspective on EB3 movement ...
In terms of EB3 movement for India do you think that the slow movement as predicted will atleast move the cut off dates to Dec 2001 (India) by end of FY 08 ?
I doubt very much that we will see any EB3 cutoff date movement until October.
James Ronald Gotcher
In terms of EB3 movement for India do you think that the slow movement as predicted will atleast move the cut off dates to Dec 2001 (India) by end of FY 08 ?
I doubt very much that we will see any EB3 cutoff date movement until October.
James Ronald Gotcher
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pasupuleti
04-20 04:20 PM
Thank you Sanjeev. That will be very helpful.
I will send my phone number as pm.
I will send my phone number as pm.
pappu
06-10 12:28 PM
WAKE UP CALL FOR THOSE STILL SITTING ON THE SIDELINES
On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.
We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.
We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.
IV is working on defeating this amendment. Please stay tuned for further updates.
On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213
AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
TEXT OF AMENDMENT AS SUBMITTED: CR S4754
COSPONSORS(2):
Sen Grassley, Chuck [IA] - 6/9/2010
Sen Harkin, Tom [IA] - 6/9/2010
Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)
SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CERTIFICATION REQUIREMENT.
(a) Short Title.--This section may be cited as the ``Employ America Act''.
(b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--
(1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and
(2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.
(c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.
(d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--
(1) the date on which such individual will no longer be authorized to work in the United States; and
(2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.
(e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).
(f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).
On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.
We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.
We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.
IV is working on defeating this amendment. Please stay tuned for further updates.
On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213
AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
TEXT OF AMENDMENT AS SUBMITTED: CR S4754
COSPONSORS(2):
Sen Grassley, Chuck [IA] - 6/9/2010
Sen Harkin, Tom [IA] - 6/9/2010
Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)
SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CERTIFICATION REQUIREMENT.
(a) Short Title.--This section may be cited as the ``Employ America Act''.
(b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--
(1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and
(2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.
(c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.
(d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--
(1) the date on which such individual will no longer be authorized to work in the United States; and
(2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.
(e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).
(f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).
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gcisadawg
01-16 06:58 PM
See buddy, there are some people who will cry whatever scenario they are in, and some people who will laugh and be happy in whatever scenario they are in. The key to optimism and happy life is to find someone who has it worse, and realize how fortunate you are. At least you are not having to live in the slums of India. At least you are not having your daughter breathe the polluted air of an Indian metro. At least you have a healthy family and no medical emergencies to worry about. Enjoy what you have got, not crib about what you've got.
Well said. One of my aunt used to say "be happy that you have a leg and do not worry about not having a shoe" Anything can be trivial if you put that into perspective! Just like how worrying about GC became trivial when the frame of reference was the incident narrated by Slumdog!
Well said. One of my aunt used to say "be happy that you have a leg and do not worry about not having a shoe" Anything can be trivial if you put that into perspective! Just like how worrying about GC became trivial when the frame of reference was the incident narrated by Slumdog!
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evljeenyiss
07-14 12:15 AM
truthfully, Bluesun I think yours was modelled the best, you just need a better renderer/ lighting.
psaxena
06-08 07:10 PM
10 yrs???? what are you talking about, the pace at which we are going right now.. minimum 200 yrs+- 6 months:confused:
My labour cleared in 2009, i guess i need to wait for 10 yrs more !!!, not good , not good at all :eek:
My labour cleared in 2009, i guess i need to wait for 10 yrs more !!!, not good , not good at all :eek:
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pitha
01-28 10:56 AM
I don’t want to start another war here but all I am asking for is a fair treatment of people and not discriminate against people based on country of birth. One of the reasons I left my country, India, is because of the discriminating that exists there in terms of "reservations" where everything is reserved based on your caste for 50%. Now please dont tell me reservations and country cap are different, they are not different they are the same. they accomplish the same purpose in case of skilled immigration.I never thought such a thing would happen in US but it seems worst here because Indians and Chinese make up almost 70 to 80% of H1 (which is dual intent) but when it comes to employment based green cards (which are based on H1) Indians and Chinese combined get only 14% of the visas, don’t you see the tragedy here? Why don’t they enforce the country cap on H1 also, that way people from India and china will not have to suffer worse than others? But US is a competitive country, they want the best available talent for H1 and that’s the reason they don’t put country caps on H1.
Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.
I totally agree with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.
getting rid of country caps will hurt ppl from ROW. we need to be united, what do u say? H1B and EB visas are not related and should not be confused as related items. There are exemptions on H1b but none on EB.
totally agree with this.
Have full faith in IV and I am sure they will try to keep the interests of all in mind, not just of those from one country that will benefit from ending country-caps.
Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.
I totally agree with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.
getting rid of country caps will hurt ppl from ROW. we need to be united, what do u say? H1B and EB visas are not related and should not be confused as related items. There are exemptions on H1b but none on EB.
totally agree with this.
Have full faith in IV and I am sure they will try to keep the interests of all in mind, not just of those from one country that will benefit from ending country-caps.
2010 KAT VON D WALLPAPER Image
pointlesswait
07-28 05:02 PM
DELETED!
I agree that we need some stress release discussion but i disagree that this the topic which we need to discuss on..open up any other thread which will give a healthy discussing like to discuss about the current market trend in US or open up a thread which will helpful to understand the recent N-deal of India-USA saying that how much india will get benifit with that and how?
I agree that we need some stress release discussion but i disagree that this the topic which we need to discuss on..open up any other thread which will give a healthy discussing like to discuss about the current market trend in US or open up a thread which will helpful to understand the recent N-deal of India-USA saying that how much india will get benifit with that and how?
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Jaime
09-11 04:39 PM
Once for all, let's get this thing over NOW!!!
LET'S GO TO DC NOW, OR WAIT FOREVER TO BE FREE!!!!!
Well Said! The Time is NOW guys! Later will be just too late! Thing of your future and your children's future!!! Everyone to DC!!!!!!!!!!
LET'S GO TO DC NOW, OR WAIT FOREVER TO BE FREE!!!!!
Well Said! The Time is NOW guys! Later will be just too late! Thing of your future and your children's future!!! Everyone to DC!!!!!!!!!!
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makemygc
07-16 08:27 PM
The only way to counter this is to fax the senators and reps stating the "real" facts!
Problem is senators or congressmen who support us know the facts and those who do not support us, do not want to know the facts.
Still I think it's a good idea and definitely should be implemented along with few other alternatives too..like educating common mass.
I guess we need to come out with a white paper about "Top 10 Myths about Employment Based Immigration". Any good writer here...?
We can fax these white papers to attorney, media and even number usa too.
Problem is senators or congressmen who support us know the facts and those who do not support us, do not want to know the facts.
Still I think it's a good idea and definitely should be implemented along with few other alternatives too..like educating common mass.
I guess we need to come out with a white paper about "Top 10 Myths about Employment Based Immigration". Any good writer here...?
We can fax these white papers to attorney, media and even number usa too.
more...
ak27
11-29 09:36 AM
Good Morning Everyone,
Let us setup a time and talk about meeting Law Makers. I can be reached at ajay1857@gmail.com
My no is 732-910-5926.. Please get as many friend you can get signed up for our chapter. We have very few signed up so far. I would think that we have thousands of people like us in this boat.
Thank you
Let us setup a time and talk about meeting Law Makers. I can be reached at ajay1857@gmail.com
My no is 732-910-5926.. Please get as many friend you can get signed up for our chapter. We have very few signed up so far. I would think that we have thousands of people like us in this boat.
Thank you
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sri1309
02-18 05:48 PM
The only thing I liked is at the end that says
"Makes permanent an INA provision allowing adjustment of status of certain aliens for whom family-sponsored or employment-based applications or petitions were filed by a specified date".
But that doesnt mean we start dreaming again.. Lets put our efforts. I got an email from Obama today (and I am sure may have also go who have previously posted their stories on his site) that he wants to hear from us what we think about the currrent issues.
Did you post your story and the problems we are facing?.
Lets keep writing non-stop. We just need an admin fix, not the whole CIR.
"Makes permanent an INA provision allowing adjustment of status of certain aliens for whom family-sponsored or employment-based applications or petitions were filed by a specified date".
But that doesnt mean we start dreaming again.. Lets put our efforts. I got an email from Obama today (and I am sure may have also go who have previously posted their stories on his site) that he wants to hear from us what we think about the currrent issues.
Did you post your story and the problems we are facing?.
Lets keep writing non-stop. We just need an admin fix, not the whole CIR.
more...
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a_yaja
12-28 03:25 PM
Please excuse my ignorance,,but what is 529
529 is a college savings program that lets you put in money for your children's education. All contributions to the 529 account grow tax free, as long as they are used for higher education (bachelor's and above). Currently, the contribution is not exempt from Federal Income tax, but in Ohio, the first $2000 is exempt from state income tax. If the money is used for anything else other than higher education, there is a 10% penalty and the withdrawal is taxed as ordinary income. I think you can get away with the 10% penalty if the designated child gets a scholarship.
529 is a college savings program that lets you put in money for your children's education. All contributions to the 529 account grow tax free, as long as they are used for higher education (bachelor's and above). Currently, the contribution is not exempt from Federal Income tax, but in Ohio, the first $2000 is exempt from state income tax. If the money is used for anything else other than higher education, there is a 10% penalty and the withdrawal is taxed as ordinary income. I think you can get away with the 10% penalty if the designated child gets a scholarship.
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brb2
12-28 03:43 PM
http://www.delta.com/planning_reservations/plan_flight/international_travel_information/visa_passport_information/index.jsp
Visa requirements are based on country of passport holder in most cases.
Visa requirements are based on country of passport holder in most cases.
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gc28262
03-03 06:01 PM
Why are we just looking for 3 year EAD. We need GC !
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Libra
09-28 04:19 PM
some of them are doing for votes and some of them doing it for show ratings, but racism and hatred is there in their blood. i dont think they change their stance on this. but if they continue provoking white americans against immigrants like this, one day we have to face same thing what black americans faced in 50's and 60's, and govt is fully ignoring this.
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onemorecame
10-11 11:05 AM
Status changed to 'Your Case Status: Request for Evidence Response Review'.
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GCwaitforever
02-22 11:41 AM
EB-2 India went to unavailable because USCIS stamped 2003/2004 petitions left and right to consume VISA numbers. Then they realized there were bunch of 2001/2002 petitions gathering dust. After no VISA numbers left, they had no option but to move the priority date backwards to make very few petitions current.
I am betting that they will move the dates forward to 2003 in August or September and process few more EB-2 India petitions. For any forward movement to happen to India EB-2/EB-3, ROW EB-2/EB-3 must become current again. If not, we have to wait till October 2008 for new quota to become effective.
I am betting that they will move the dates forward to 2003 in August or September and process few more EB-2 India petitions. For any forward movement to happen to India EB-2/EB-3, ROW EB-2/EB-3 must become current again. If not, we have to wait till October 2008 for new quota to become effective.
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coopheal
06-11 09:27 AM
Sent this morning.
Indirant
01-31 08:22 PM
Hi,
Good work Varsha, are we having the conf call today let us know.
Thanks
Sekar
Good work Varsha, are we having the conf call today let us know.
Thanks
Sekar
msyedy
06-13 11:12 AM
Hi, Senthil and Bugmenot
You said :They will allow some form of consulting and they may ban subcontracting in H1b.
Now you agree that consulting will be there. So the bill have to be tweeked or else even small american companies will shut down.
ex bearing point....
Rule 2 of restriction - Company cannot hire 6 months before or after it has laid of a person.
Impossible to be applied.
(Big companies will be affected with this, small companies like CDI, ABC.. who might hire a H1-B on their pay roll but they let them go when they are not able to find a new client that they can place that person).
Rule 3 - You have to advertise before you get an H1-B might be allowed but ignored like L1 is ignored now.
I will show you how the merit based system have to change for EB in my next post.
Got to go...
I am not supporting consulting ban on h1bs. But even that happens companies will readjust by hiring permanent people. Also big consulting companies will bring more people by L1 and B1. I am working in a consulting company and they do not depend on H1bs though considerable H1bs are there.Still H1b Cap will be reached there is heavy demand for h1b. Also I do not think it is outright ban of H1Bs in consulting. They will allow some form of consulting and they may ban subcontracting in H1b. It depends on how USCIS interprets the law. I hope Congress will not do if anything is bad for country. Infact same rule is there in L1 also. But still I am seeing persons are placed in client sites.
Of course anti immigrants are trying to block H1b program using this but congress trying this because abuses are more in consulting. When congress realizes this anytime they will remove this restriction if they find some other alternative.
Now chances of CIR is 30% and 60% chance of statusquo for another 2 years. Even skil bill is passed seperately same restrictions will come as same Senators will be there.
Some of abuses are
1. Not paying bench
2. Lower pay compared to market
3. illegal agreements
4. Rotation of people and using H1b for outsourcing(It is not abuse but it is not the purpose of H1b)
5. Giving ads for recruiting only H1bs
You said :They will allow some form of consulting and they may ban subcontracting in H1b.
Now you agree that consulting will be there. So the bill have to be tweeked or else even small american companies will shut down.
ex bearing point....
Rule 2 of restriction - Company cannot hire 6 months before or after it has laid of a person.
Impossible to be applied.
(Big companies will be affected with this, small companies like CDI, ABC.. who might hire a H1-B on their pay roll but they let them go when they are not able to find a new client that they can place that person).
Rule 3 - You have to advertise before you get an H1-B might be allowed but ignored like L1 is ignored now.
I will show you how the merit based system have to change for EB in my next post.
Got to go...
I am not supporting consulting ban on h1bs. But even that happens companies will readjust by hiring permanent people. Also big consulting companies will bring more people by L1 and B1. I am working in a consulting company and they do not depend on H1bs though considerable H1bs are there.Still H1b Cap will be reached there is heavy demand for h1b. Also I do not think it is outright ban of H1Bs in consulting. They will allow some form of consulting and they may ban subcontracting in H1b. It depends on how USCIS interprets the law. I hope Congress will not do if anything is bad for country. Infact same rule is there in L1 also. But still I am seeing persons are placed in client sites.
Of course anti immigrants are trying to block H1b program using this but congress trying this because abuses are more in consulting. When congress realizes this anytime they will remove this restriction if they find some other alternative.
Now chances of CIR is 30% and 60% chance of statusquo for another 2 years. Even skil bill is passed seperately same restrictions will come as same Senators will be there.
Some of abuses are
1. Not paying bench
2. Lower pay compared to market
3. illegal agreements
4. Rotation of people and using H1b for outsourcing(It is not abuse but it is not the purpose of H1b)
5. Giving ads for recruiting only H1bs